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POLI 4023 Abad Midterm

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What is law? - a body of rules of action or conduct prescribed by controlling authority and having binding legal force What is litigation? - Resolution of disputes through the court system What are the types of litigation? - Civil and criminal What is civil Litigation? - resolution of disputes ...

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  • December 12, 2023
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  • 2023/2024
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POLI 4023 Abad Midterm
What is law? - ✔✔a body of rules of action or conduct prescribed by controlling authority and having
binding legal force



What is litigation? - ✔✔Resolution of disputes through the court system



What are the types of litigation? - ✔✔Civil and criminal



What is civil Litigation? - ✔✔resolution of disputes between private and/or public parties that is
conducted through court systems



What is criminal Litigation? - ✔✔government prosecutes an action against individuals who have
committed crimes against society



What are the sources of Law? - ✔✔Constitutions, Statutes, Rules/Regulations, Executive Orders,
Jurisprudence



What are constitutions? - ✔✔highest form of law (US Constitution=Supreme Law of the Land)



What are statutes? - ✔✔created by legislative body and written broadly, govern substantive
principles and procedures



What are rules or regulations? - ✔✔supplement statutes, narrowly written



What are executive orders? - ✔✔laws made by chief executives (state: governor) (Federal: president)



What is jurisprudence? - ✔✔case law, courts' interpretation of law; collection of all decisions made in
court; provides clarity on past decisions



What are the categories of law? - ✔✔Public vs Private law; Felonies vs Misdemeanors

, What is public law? - ✔✔government acting as government rather than person (ex. property owner)



What is private law? - ✔✔law that involves suits between private individuals or groups



What are felonies? - ✔✔A serious criminal offense punishable by a prison sentence of more than one
year



What are misdemeanors? - ✔✔less serious crimes usually punishable by a sentence in a local jail



What is the court's purpose? - ✔✔Dispute resolution, behavior modification, allocation of
gains/losses, and policymaking



What is dispute resolution? - ✔✔divorce, custody arrangements, answer/resolve



What is behavior modification? - ✔✔altar behavior, reward/punish certain behavior (sentencing)



What are allocation of gains/losses - ✔✔winner and loser (suing)



What is policymaking? - ✔✔create policy



Where do the first three purposes of court take place? - ✔✔trial court



What court does policymaking go through? - ✔✔Supreme court



What is the order of the court system? - ✔✔Trial court, appeals court, supreme court



Who is the plaintiff? - ✔✔person filing a lawsuit (LA: partitioner)



Who is the defendant? - ✔✔person being sued (LA: respondent)

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